The following discussion comes from your week 1 readings. Outside research to address these issues is encouraged. I would suggest using the online library for additional sources of information and research. In addition, I would recommend utilizing the legal studies program guide.
Your initial post should be made by Wednesday. You should then respond to 3 or more posts by Sunday night. This can be accomplished by
· Validating with additional evidence from the literature.
· Posing a thoughtful question with commentary which generates further discussion.
· Providing an alternative point-of-view, with evidence and examples.
· Offering additional insight into how the concept might be understood, with evidence provided with real world examples.
You should be active in the classroom throughout the week and actively engaged in the back-and-forth discussion between your colleagues and the professor. The forum grading rubric can be reviewed by clicking on the blue and white box beside the forum entry in the grade book.
The Due Process Clause is a guarantee of basic fairness. Fairness has many components to it. This forum asks you to examine due process.
Please thoroughly discuss each of the following:
- What is meant by “Fundamental Fairness”?
- What are the various components of due process in criminal procedure? In your response, include some examples of procedural protections that are afforded to individuals in a criminal case.
- How does the court balances individual rights against government interests?________________________________________________________________________________________________
- Please read the following case scenario below. . The case heading and type of case is listed below.PEOPLE OF THE STATE OF TEXAS, Plaintiff VS.Scott Mayo, DefendantTYPE OF CASE-CriminalSUMMARY OF FACTSScott Mayo worked as a bartender at The Local Watering Hole. One night at work, Scott got into an argument with Basil Scowen. Mayo owed Scowen $1500.00. The argument heated up and, after Scowen picked up a beer bottle threateningly and appeared to be intoxicated, Mayo grabbed a pistol kept behind the bar and fired at Scowen, killing him. Mayo says Scowen told him, “I am going to kill you,” and what he believed was imminent danger from Scowen. Mayo was placed under arrest. He was not read his rights. He was transported to the local county jail. The prosecution witnesses are the police officer, who came to the scene and took statements from Mayo, and a frequent bar customer, Dawn Dietz, who witnessed some of what happened. The defense witnesses are the defendant, Mayo, and Joe, “the fireman”, who was outside and saw some of the action through the window while sitting on the patio.
- Based on the facts provided to you, if you are the prosecutor, what will you charge Mayo with using your own state law? Please discuss why in your response, providing a detailed analysis of how you reach your decision on the charge(s).